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– Updated Nov. 25, 2009
1. General
1.1. Acceptance of RapNet Terms of Service
By using the RapNet services provided and accessing the RapNet website and/or information
at Rapnet.Com and/or Diamonds.Net you contractually agree and accept the terms of
the RapNet Terms of Service (TOS)
1.2. Terms of service
The RapNet Terms of Service ("TOS") incorporates and includes this document as well
as the RapNet Code of Conduct, RapNet Privacy Policy and RapNet Trading Rules. Each
part of the TOS forms an integral and inseparable part of the TOS.
1.3. Changes:
This TOS may be changed from time to time and unless you provide written notice
within 3 business days you agree to accept such changes as part of your contractual
obligation. Such changes will be posted on the RapNet website.
2. Definitions
2.1. The term “Rapaport” when used in this TOS includes:
all Rapaport and RapNet Network Services;
all Rapaport and RapNet pricing and information services including information supplied
by Diamonds.Net, Rapaport Diamond Report®, RapNet® and INDEX®
All employees, agents and consultants of Rapaport or any company Rapaport owned,
or partially owned by Rapaport.
Martin Rapaport and all companies owned by Martin Rapaport and their employees,
agents and consultants.
All disclaimers of warranty and limitations of liability in this agreement apply
to Rapaport
The term “Service” refers to the services provided by Rapaport.
2.2. The term “User” or “RapNet Member” includes the individual and/or company applying
for or using the Service.
3. Description of Service:
3.1. Rapaport provides access to trading, pricing, news and other information services
related to diamonds, gems and jewelry. The information is for the use of paid registered
Users.
3.2. While the Service is designed to provide the User with the ability to buy,
sell, list and price diamonds, the information about diamonds does not provide an
appraisal or guarantee of value, nor does it give suggestions or recommendation
of any sort as for buying or selling of diamonds.
3.3. Diamond grading and pricing is based on subjective methods of analysis and
no guarantee is made or liability assumed as to the accuracy or validity of the
information provided by the service or the expertise of those providing information
via the service.
3.4. Rapaport does not guarantee the quality, accuracy, reliability of nay information
provided.
3.5. Rapaport does not guarantee the quality, integrity or creditworthiness of any
member of any trading network. All services provided are on an as–is basis with
no Rapaport guarantees or warranties. User agrees that Rapaport is not responsible
for any additional, consequential or other damages. Rapaport’s liability shall be
strictly limited to the membership fees paid to Rapaport.
4. Access to the Service
4.1. Access to the Service is provided to registered paid Users. User must provide,
at User's own cost, all telephone, computer, modem and other equipment and software
necessary to access and use the Service and shall be responsible for all charges
necessary for such access and use.
4.2. Users must complete an application request for membership and access to the
Service.
4.3. Rapaport reserves the right to refuse, restrict, suspend, limit or terminate
any or all Services provided to any User at any time for any reason subject to the
condition that Rapaport will refund on request the balance of any money paid for
the service.
4.4. RapNet Members may not disclose or share their access or password with any
third party. Password use is strictly limited to specific individuals. Members may
request additional passwords from customer service in the event multiple users require
access to the company data. Additional charges may apply.
.
4.5. RapNet Members may not disclose proprietary RapNet or Rapaport information
to third parties The Rapaport Price List and RapNet Price Lists are examples of
such proprietary information.
4.6. RapNet Members may not download RapNet sell listings, buy listings, or any
other RapNet data without the permission of the company posting the listings.
4.7. RapNet Members may not share names or contact information of other RapNet Members
with third parties. They may not send email broadcasts to other members.
4.8. RapNet Members may not access, use, store, share or distribute Rapaport, RapNet
or RapNet Member information without the permission of RapNet.
4.9. RapNet Members are required to fully complying with all TOS conditions.
5. Listing and Trading of diamonds:
5.1. Kimberley Process
Only diamonds meeting the Kimberley Process rules and regulations may be listed
or traded through the Service and/or Rapaport. No diamond may be listed or traded
unless:
5.1.1. The diamond was purchased from suppliers who have warranted to the User that
the diamond is “conflict free” ; or
5.1.2. The User can guarantee from personal knowledge that the diamond is conflict
free.
5.1.3. All Users must supply invoices in respect of sales to other Users. All diamonds
sold or traded via Rapaport must contain one of the following declarations on the
invoices:
5.1.4. The diamonds herein invoiced have been purchased from legitimate sources
not involved in funding conflict and in compliance with United Nations resolutions.
The seller hereby guarantees that these diamonds are conflict free, based on personal
knowledge and/or written guarantees provided by the supplier of these diamonds.
OR
5.1.5. The diamonds herein invoiced were acquired by the seller prior to January
1, 2003 and were purchased from sources believed to be reliable. The seller hereby
guarantees that they have no personal knowledge or reason to believe that these
diamonds are conflict diamonds which have been traded in violation of any United
Nations Resolution.
5.1.6.
Treated diamonds
Treated and enhanced diamonds (laser drilled, clarity enhanced, irradiated, HPHT)
may be listed and traded on the Service or Rapaport, however full disclosure must
be made as to the process and the effect of the treatment. All Users must disclose
the treatment when listing the diamond and on the invoice to the purchaser. Should
any User be found to have listed or traded such a diamond without such full prior
disclosure, their access to the Service will be permanently terminated without notice.
Listing (uploading) diamond information
5.2. Users may not list (upload) diamonds with inaccurate, false or misleading information.
5.3. Users must provide accurate information on the availability of their diamonds
listed.
5.4. Users must update the pricing and availability information every 8 days.
5.5. Users who violate any of the above provisions will be subject to having their
membership revoked and/or be excluded from our network.
Downloading Diamond Information
5.6. Users may allow other RapNet members to download inventory of their diamonds
listed for sale on RapNet by setting permissions on their account and using the
Grant Permissions form
5.7. Users will be able to grant specific RapNet members permission to download
their inventory through completing the Grant Permissions form.
5.8. Users may not download diamond listings without having applied for and been
granted permission in writing by Rapaport.
5.9. Diamonds belonging to other RapNet Users may not be downloaded for listing
with any competitive diamond trading networks.
6. Fees
6.1. The various pricing structures and Service options will be displayed on the
RapNet website. Rapaport reserves the right to amend the pricing structure from
time to time. Any changes will be posted on RapNet.
7. Customer Satisfaction Guarantee
7.1. Should the User be unhappy with the Service for any reason a full refund of
money paid will be made (less $30.00 cancellation fee) provided that the User requests
the refund via email support@diamonds.net within five (5) days of first subscribing.
In the event that the User has used the service for more than five (5) days a partial
refund will be made, based on the number of months remaining of the User's subscription.
8. The User Agrees Not To:
8.1. use the service in any way that violates the laws of the United States and/or
any jurisdiction in which the User resides.
8.2. Access the service in any unauthorized manner including but not limited to
reverse engineering computer code or the underlying logic of the pricing and trading
system.
8.3. Access the system for the purpose of copying the software, logic, look and
feel, or any features of the system for use in any competitive system.
8.4. Disturb, interfere or disrupt the service, computer hardware or software providing
the Service, including automatic downloads of queries via Users computer programs
and/or use or access of the service in any manner for which it has not been designed
or authorized.
8.5. Upload, post, email, transmit or make available anything that contains computer
codes, viruses, files or programs that interrupt, destroy, or limit the functionality
of any computer software, hardware or other equipment.
8.6. Attempt or obtain unauthorized access to any part of the Service or computer
system.
8.7. Transmit any program or virus through or into the computer hardware or software
used or provided by the Service.
8.8. Violate any Trademark, Copyright, agreement, Terms of Service, or Terms and
Conditions associated with the Service.
8.9. Use any information provided by the Service or Rapaport to establish a competing
diamond trading and pricing or information service. This specifically includes the
use of Rapaport price information as the basis for quoting diamonds as a percentage
of Rapaport Diamond Prices on competing diamond trading Networks.
8.10. Misrepresent the information obtained from the Service or alter any document
printed from the pages provided by the Service.
8.11. Provide false or misleading information including but not limited to cloaking
or altering the information that identifies the source, time and location any contact
made with the Service via the Internet.
8.12. Print, save, copy or distribute any of the information provided by the website
except for the information provided to the User in response to requests about prices
for diamonds and listing of diamonds.
8.13. Review, copy and/or download any news, analysis, or other information by any
news, information or Internet service or company that provides information to the
diamond, gem and jewelry trade and/or competes with the information services provided
by Rapaport.
8.14. Review, copy or download any diamond prices, listings of diamonds for sale,
or buy requests for use, including partial or derivative use, in any other website,
or trading system available to third parties without written permission from Rapaport.
9. Proprietary Rights
9.1. The User acknowledges and agrees that the Service, its software, information
provided by the Service and the content of Rapaport Services contain proprietary
and confidential information. The User agrees not to copy, disclose, or use in any
manner information provided by or through the Service.
9.2. The User recognizes that all information provided through Rapaport is copyrighted
by Rapaport. The User agrees to respect all intellectual property rights of Rapaport.
Any copyright, trademark, logo, printed material, on-line information, or price
report of Rapaport may not be used in any promotion, advertising or publication
without the express written permission of Rapaport.
10. Technical Difficulties
From time to time technical difficulties may render the service inoperable. Rapaport
does not guarantee uninterrupted service and accepts no liability for any such interruption.
In the event that access to the service is limited for more than 24 hours Rapaport
will extend the time that Service is available to the User.
IMPORTANT LIMITATIONS
11. Information
The information provided by Rapaport is not a recommendation or suggestion of any
kind to buy or sell diamonds; nor is it an appraisal, guarantee of value, warranty,
valuation, or offer to buy or sell. Rapaport does not guarantee or warrant the accuracy
of any information and does not guarantee that any User will fulfill any obligations
made on or through the Service. Pricing provided is an estimate of value that should
only be used as a general guideline for price discovery.
12. Trading:
Rapaport has not examined any of the diamonds that are listed on Rapaport. Information
provided by the Service is based on diamond grading information listed on the system
by the Users. Such information may be wrong and thereby result in inaccurate pricing
or grading analysis. The use of the Service by the User is on his or her own account
and risk and Rapaport provides no guarantee for accuracy of the information listed
on the Service by Users.
13. Pricing:
Diamond grading laboratories and the jewelry trade use diamond grading techniques
and standards that are based on subjective methods of analysis. Diamond grades may
vary each time a diamond is submitted for re-examination and often vary from laboratory
to laboratory depending on the grading standards of the laboratory and the accuracy
and training of their gemologists. Online pricing and quality information provided
by the Service is the result of an automated electronic response system and subject
to the limitations inherent to such systems. Furthermore, the online information
and the information provided via the telephone Helpdesk is based on the subjective
opinions of Rapaport, his employees, agents and consultants. No guarantee is made
or implied as to the accuracy or validity of any information provided by the Service
and/or the level of expertise of any information system or individual providing
information via the Service.
Rapaport prices or availability information should only be used as a general guideline
for discovering diamond prices. Rapaport prices or availability information should
only be used as a general guideline for discovering diamond prices. Rapaport prices
do not replace the physical examination of a diamond by a knowledgeable appraiser
who determines the quality and value of specific diamonds. Each diamond's value
depends on its unique characteristics, some of which may not be included in the
information on a diamond grading report or the information provided by the User.
Rapaport prices are limited in that they reflect our opinion of the current market
values based on the description and information the User provides. There is no guarantee
that the opinion of Rapaport and/or that the grading information provided by a laboratory
or seller is accurate. Diamond pricing and diamond grading are not an exact science.
While we believe that the information we provide will help you make a reasonable
and rational decision when buying or selling a diamond, our information is not perfect
and should be complemented with the normal due diligence that a consumer should
apply when buying or selling a diamond. Our objective is to provide a reasonable
price estimate based on our opinion of the price at which similar diamonds are available
in the marketplace.
Diamond prices often vary significantly from seller to seller. The identity of the
seller, their location and the conditions of sale can all have a major impact on
price. Numerous additional factors including the reputation of the seller, brand
value, design of the jewelry containing the diamond, and added value services such
as consumer credit , and return privileges are important components of value and
also have impact on the price of a diamond. Our pricing Service does not resolve
the variances in price that are attributable to the various added value propositions
provided by different types of retailers. Therefore the consumer should only use
our information as a guideline and independently take into consideration the added
value considerations applicable to various types of sellers. The prices provided
by the Service may be substantially higher or lower than actual transaction prices
in the retail markets.
Rapaport has extensive interests in the diamond industry worldwide including diamond
brokerage operations and online diamond trading and sales companies. In some instances
diamonds submitted may be listed on our trading Network as well as offered for sale
by companies that buy diamonds from Rapaport associated companies that earn a commission
if the diamonds are sold. Users are protected by the fact that the programs used
by the Service analyze diamond-grading characteristics in an objective manner without
regard to the source of the diamonds.
14. DISCLAIMER OF WARRANTIES:
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
USE OF THE SERVICE IS AT YOUR SOLE RISK; THE SERVICE IS PROVIDED ON AN “AS-IS” AND
“AS AVAILABLE” BASIS. RAPAPORT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RAPAPORT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET THE USER'S REQUIREMENTS,
(II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (V) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT THE USER'S OWN DISCRETION AND RISK AND THE USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM RAPAPORT
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS AND CONDITIONS.
ANY OR ALL WARRANTY IS STRICTLY LIMITED TO THE INDIVIDUAL USER THAT AS REGISTERED
AND PAID FOR THE SERVICE. NO WARRANTY OF ANY KIND IS EXTENDED TO ANY THIRD PARTIES.
15. LIMITATIONS OF LIABILITY:
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT RAPAPORT SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE
LOSSES (EVEN IF RAPAPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM (I) THE USE OR INABILITY TO USE THE SERVICE (II) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS
OR DATA (IV) STATEMENTS OF CONDUCT OF ANY THIRD PARTY AS THE RESULT OF ANY USE OF
THE SERVICE (V) AND ALL OTHER MATTER RELATING TO THE SERVICE.
RAPAPORT CAN PROVIDE THE INFORMATION AVAILABLE VIA THE SERVICE FOR A RELATIVELY
SMALL FEE ONLY BECAUSE OF THE LIMITATIONS OF LIABILITY AND WARRANTY EXPRESSED IN
THESE TERMS AND CONDITIONS AND TAC. IN ALL INSTANCES RAPAPORT DOES NOT ASSUME ANY
LIABILITY EXCEEDING THE FEE PAID BY THE USER TO USE THE SERVICE.
RAPAPORT SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE RESULTING FROM ANY
ERROR OR OMISSION IN THE INFORMATION PROVIDED BY RAPAPORT OR THE SERVICE OR FROM
USE OF THE SERVICE EVEN IF CAUSED BY OR RESULTANT FROM THE NEGLIGENCE OR OTHER FAULT
(EXCEPT FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE) OF RAPAPORT.
RAPAPORT SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES RESULTING FROM ANY ERROR IN OR OMISSION FROM THE INFORMATION
PROVIDED BY THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RAPAPORT DOES NOT GUARANTEE THAT DIAMONDS LISTED ON THE TRADING NETWORK WILL BE
SOLD TO ANY OF THE USERS; NEITHER DOES THE SERVICE PROVIDE ANY AUTHORIZATION OF
THE SAID GRADING SUGGESTED BY THE LISTERS, OF THE DIAMONDS.
RAPAPORT DOES NOT GUARANTEE THE ACCURACY OF THE DIAMOND PRICING SERVICE AND GIVES
FULL NOTICE THAT RAPAPORT PRICES ARE BASED ON RAPAPORT'S SUBJECTIVE OPINION OF MARKET
PRICES, MARKET CONDITIONS AND THE RELATIVE VALUE OF VARIOUS TYPES, SIZES AND QUALITIES
OF DIAMONDS. DIAMOND GRADING, PRICING AND ANALYSIS IS NOT AN EXACT SCIENCE AND IS
BASED ON THE SUBJECTIVE OPINION AND ANALYSIS OF THE PERSON PROVIDING THE INFORMATION.
WE DO NOT GUARANTEE THE ACCURACY, AUTHENTICITY OR RELIABILITY OF ANY DIAMOND GRADING
REPORT OR OTHER INFORMATION BEING PROVIDED BY YOU. THAT IS THE BASIS OF OUR PRICING
SERVICE.
RAPAPORT EMPLOYEES MAY PROVIDE USERS WITH PERSONALIZED INFORMATION VIA EMAIL, TELEPHONE
OR IN WRITING. THIS INFORMATION IS BASED ON THE SUBJECTIVE OPINION OF THE INDIVIDUAL
PROVIDING IT. WHILE WE WILL MAKE EFFORTS TO ASSURE THAT OUR EMPLOYEES, AGENTS, ASSOCIATES
AND/OR CONSULTANTS ARE KNOWLEDGEABLE ABOUT DIAMONDS AND DIAMOND PRICES, WE DO NOT
GUARANTEE THE ACCURACY, EXPERTISE, EXPERIENCE, BACKGROUND OR KNOWLEDGE LEVEL OF
ANY PERSON PROVIDING INFORMATION.
16. Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or consequential damages.
In those jurisdictions, the disallowed exclusions should be regarded as deleted
and severable from the TOS.
17. Notice:
Notices to Users may be made via either Email or regular mail. The Service
may also provide notices of changes to the terms and conditions or other matters
by displaying such notices or links to revised terms and conditions on the Service.
Notice to Rapaport may be made by registered mail to Rapaport USA , 133 E Warm Springs
Road, Las Vegas , Nevada 89119 .
18. General:
The TOS set forth herein constitute the entire agreement between the User
and Rapaport. The TOS governs the Users use of the Service and supercede any prior
agreements. This agreement shall be governed by the laws of the State of Nevada
. The failure of Rapaport to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such rights or provisions. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision and the other provisions of the TAC remain
in full force and effect. The User agrees that regardless of any law to the contrary
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action or
forever be barred. The Section titles of the TOS are for convenience only and have
no legal or contractual effect.
RapNet – Privacy Policy
– Updated Nov. 25, 2009
1. Overview
1.1 Rapaport USA Inc. and the Rapaport Group ("Rapaport" or "we")
offers free as well as subscriber/membership based services ("the Services") through
its Rapnet.com Diamonds.Net, and Rapaport.com websites. In order to operate the
Services and to be in compliance with the USA PATRIOT ACT, Rapaport may ask you
to provide us with company, personal, credit card and/or bank account details. This
Privacy Policy applies to all Rapaport websites and describes the information we
collect and how we use that information.
1.2 Rapaport takes the privacy of your personal information very
seriously and will use your information only in accordance with the terms of this
Privacy Policy. We will not sell or rent your personally identifiable information
or a list of our customers to third parties. However, as described in more detail
in Paragraph 3 below, there are limited circumstances in which some of your information
will be shared with third parties, under strict restrictions, so it is important
for you to review this Privacy Policy. This Privacy Policy applies to all services
that are hosted on the Diamonds.Net, Rapaport.com and Rapnet.com websites, whether
the services are offered by Rapaport, by its subsidiaries, or by its affiliates
in the Rapaport Group.
1.3 By using this website, you agree to accept the Privacy Policy
and RapNet Terms of Service (TOS) . By applying for any of the subscription or membership
based services offered through this website, you expressly consent to our use and
disclosure of your personal information in the manner described in this Privacy
Policy. This Privacy Policy is incorporated into the terms of the RapNet TOS.
1.4 Please note that your personal information will be stored and
processed on our computers in the United States, in accordance with United States
laws. Rapaport will hold and transmit your personal information in a safe, confidential
and secure environment. If you object to your personal information being transferred
or used as described in this Privacy Policy, please do not register for the Services.
1.5 Notification of Changes
o This policy may be revised over time as new features are added to the
Services or as we incorporate suggestions from our customers. If we are going to
use or disclose your personally identifiable information in a manner materially
different from that stated at the time we collected the information, you will have
a choice as to whether or not we use or disclose your information in this new manner.
Any material changes will be effective only 30 days after we post an amended Privacy
Policy.
o We will post the amended Privacy Policy prominently on our Web site so that you
can always review what information we gather, how we might use that information,
and whether we will disclose it to anyone. Please check this Web site at any time
for the most current version of our Privacy Policy.
1.6 This Web site may include links to third party Web sites. These
sites are governed by their own privacy statements, and Rapaport is not responsible
for their operations, including but not limited to their information practices.
Users submitting information to or through these third party Web sites should review
the privacy statement of these sites before providing them with personally identifiable
information.
2. Information We Collect
2.1 Required Information
o To subscribe to the Services, you must provide company details, address,
phone number, and e-mail address. In order to trade through our INDEX-Internet Diamond
Exchange or RapNet trading systems, you must provide trade references, credit card,
debit card and bank account information. This required information is necessary
for us to approve your membership and to process transactions or to contact you
should the need arise in administering your membership.
o For USA PATRIOT ACT purposes we are required to collect your Employee Identification
Number ("EIN") or other Taxpayer Identification Number ("TIN"). If you choose to
register or apply for certain optional/additional features or products offered through
Rapaport Web sites, you will be required to provide additional information to establish
that you qualify for such features or products.
2.2 Transaction Information
When you list a diamond for sale, purchase or sell a diamond, or use the
Services in any way, we record information related to each transaction, including
the amount of the transaction. We retain this information for each of your transactions
through Diamonds.Net, Rapaport.com and Rapnet.com websites. We also collect the
Internet address (IP address) of the computer or device you use to access your Rapaport
account, in order to help detect possible instances of unauthorized transactions.
2.3 Information About You From Third Parties
In order to protect us and our customers against potential fraud, we may
verify with third parties the information you provide. In the course of such verification,
we receive personally identifiable information about you from such services. This
may include background and credit checks by obtaining information about you and
your business from a credit bureau or a business information service such as Dun
& Bradstreet. If you incur a debt to Rapaport, we will generally conduct a credit
check by obtaining additional information about you from a credit bureau, to the
extent permitted by law. Rapaport, at its sole discretion, also reserves the right
periodically to retrieve and review a business and / or consumer credit report for
any account, and reserves the right to close an account based on information obtained
during this credit review process.
2.4 Additional Verification
If we cannot verify the information that you provide we may ask you to
send us additional information by fax (such as your drivers' license, credit card
statement, and/or a recent utility bill or other information linking you to the
applicable address), or to answer additional questions online to help verify your
information.
2.5 Web Site Traffic Information
Because of the way that World Wide Web communication standards work, when
you arrive at or leave this Web site, we automatically receive the Web address of
the site that you came from or are going to. We also collect information on which
pages of our Web site you visit while you are on the site, the type of browser you
use and the times you access our Web site. We use this information only to try to
understand our customers' preferences better and to manage the load on our servers,
so as to improve our service and your experience with Rapaport. We do not track
the Web sites that you visit before or after you leave the Rapaport site.
2.6 Rapaport Message Center
Messages sent to you and from you through the Rapaport Message Center or
Rapaport communication tools are kept and maintained by Rapaport.
2.7 Our Use of "Cookies"
This Web site uses cookies to enhance your browsing experience. Cookies
are small pieces of information saved by your browser onto your computer. Cookies
are used to remember various aspects of your visit. This information is used by
us to guarantee a consistent and uninterrupted experience. Cookies will allow you
to revisit without losing many of your settings. We do not use cookies to save personal
information for outside uses.
2.8 Customer Service Correspondence
If you send us correspondence, including e-mails and faxes, we retain such
information in the records of your account. We will also retain customer service
correspondence and other correspondence from Rapaport to you. We retain these records
in order to measure and improve our customer service, and to investigate potential
fraud and violations of our Terms of Service Agreement. We may, over time, delete
these records if permitted by law.
2.9 Questionnaires, Surveys and Profile Data
From time to time, we offer optional questionnaires and surveys to our
users for such purposes as collecting demographic information or assessing users'
interests and needs. The use of the information collected will be explained in detail
in the survey itself. If we collect personally identifiable information from our
users in these questionnaires and surveys, the users will be given notice of how
the information will be used prior to their participation in the survey or questionnaire.
3. Our Use and Disclosure of Information
3.1 Internal Uses
We collect, store and process your personal information on servers located
in the United States . We use the information we collect about you in order 1) to
provide our services and process your transactions, 2) to provide customer service,
3) to determine your eligibility to receive special trading privileges or products
and 4) to improve our products and services.
3.2 Disclosure to Other Rapaport Customers
If you are a registered RapNet or INDEX-Internet Diamond Exchange member,
your name, Company name, telephone numbers and e-mail address in addition to the
diamonds you are listing for sale may be displayed to other RapNet or INDEX-Internet
Diamond Exchange members. However, your credit card number, bank account and other
financial information will NEVER be revealed to anyone except with your express
written permission or if we are required to do so pursuant to a subpoena or other
legal process.
3.3 Disclosure to Third Parties Other Than Rapaport Customers
o Rapaport will not sell or rent any of your personally identifiable information
to third parties. Rapaport will not share any of your personally identifiable information
with third parties except in the limited circumstances described below, or with
your express permission (and with other Rapaport customers as described above).
These third parties are limited by law or by contract from using the information
for secondary purposes beyond the purposes for which the information is shared.
o We disclose information we collect in response to a subpoena, warrant, court order,
levy, attachment, order of a court-appointed receiver or other comparable legal
process, including subpoenas from private parties in a civil action.
o We disclose information we collect in circumstances in which Rapaport believes
the Services are being used in the commission of a crime; when we have a good faith
belief that there is an emergency that poses a threat to the safety of you or another
person; or when necessary either to protect the rights or property of Rapaport,
the Services or our subsidiaries, or affiliates in the Rapaport Group, or for us
to render the Services provided.
o We disclose information we collect to your agent or legal representative (such
as the holder of a power of attorney that you grant, or a guardian appointed for
you).
o We share aggregated statistical data with our business partners or for public
relations. For example, we may disclose that a specific percentage of our users
have addresses in New York. However, this aggregated information is not tied to
personally identifiable information.
o We share your information with our parent, subsidiaries, affiliates and joint
ventures to help coordinate the services we provide to you, enforce our terms and
conditions, and promote trust and safety.
3.4 Our Contacts with Rapaport Customers
We communicate with users on a regular basis via e-mail to provide requested
services, and we also communicate by phone or letter. We use your e-mail to send
information, transaction confirmations and to send notices and other disclosures
required by law. Generally, users cannot opt out of these communications, but they
will be primarily informational in nature rather than promotional.
We also use your e-mail address to send you other types of communications that you
can control, including the Rapaport Tradewire weekly email.
3.5 Internet Address Information
We use IP addresses, browser types and access times to analyze trends, administer
the site, improve site performance and gather broad demographic information for
aggregate use.
3.6 Your Use of Information and Our Services
o In order to facilitate the transactions between Rapaport members, our
Service allows you limited access to other users' contact or shipping information.
As a member you may have access to the User ID, email address and other contact
or shipping information of other members.
o By consenting to the applicable Terms of Service, you agree that, with respect
to other users' personally identifiable information that you obtain through the
site or through an Rapaport-related communication or Rapaport-facilitated transaction,
you will only use this information for: (a) Rapaport-related communications that
are not unsolicited commercial messages, (b) using services offered through Rapaport
(e.g. diamond sales, shipping or insurance), and (c) any other purpose that such
user expressly agrees to after adequate disclosure of the purpose(s).
o In all cases, you must provide users with the opportunity to remove themselves
from your database and review any information you have collected about them. In
addition, under no circumstances, except as defined in this Section, can you disclose
personally identifiable information about another Rapaport user to any third party
without our consent and the consent of such other user after adequate disclosure.
Note that law enforcement personnel and other rights holders are given different
rights with respect to information they access.
o Rapaport does not tolerate spam. Therefore, without limiting the foregoing, you
may not add a Rapaport user to your mail list (email or physical mail) without their
express consent after adequate disclosure, even if said user has previously made
a purchase from you. We strictly enforce our Anti-Spam Policy. To report Rapaport-related
spam to info@diamonds.net.
4. Information Security
4.1 Rapaport is committed to handling your customer information with high standards
of information security. We restrict access to your personally identifiable information
to employees who need to know that information in order to provide products or services
to you. We maintain physical, electronic and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
4.2 The security of your subscription to any of the Services also relies on your
protection of your password. You may not share your password with anyone. Rapaport
will never ask you to send your password or other sensitive information to us in
an e-mail, though we may ask you to enter this type of information on the website.
4.3 Any e-mail or other communication requesting your password, asking you to provide
sensitive account information via email, should be treated as unauthorized and suspicious
and should be reported to Rapaport immediately. If you do share your Rapaport password
with a third party for any reason, the third party will have access to your account
and your personal information, and you may be responsible for actions taken using
your password. If you believe someone else has obtained access to your password,
please contact us immediately.
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